The Wilmingtonian., 1887-04-02
The Jones Enabling Enactment.

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After the defeat Of the Martin bill In tn
Senate Wednesday last, Mr.. Jones introdut
ed his amendment to the "unifoIm ballc
law" in the House. 1t provides that at an
general election 1t shall be lawful for sue
voters ss may choose to do so to write o
print upon their tickets the words "for a con
vention" or "agsinst convention" and dir
ects the election officers to c,slnt and th
boaids of canvass to return such votes &c.
go.
In the course of an editorial Of last weel
upon the subject ofthe Martin bill the Eper,
Rpening says:
''It seems probable that the House bill or
deriug special election in November of thi,
year will pass the Senate. If 30 then the
General Assembly should without doubt en-.
act into law the suggestion Of Mr.. Jones
to enable the people at any general election
to express their sense upon the subject OF a
convention. Article TX of the Constitution
uuquestionably contemplates that the peo-
Pile &c."
Now while all the advantages indicated Of
future opportunity that may be secured tt,
the citizens of the State OF bringing up the
question Of a Constitutional convention upon
certain election days as implied aud provd-
ed for by the Jones amendment are recog-
niZed 1t may be pleaded that there still ex-
lists weak point which IL made use of with
even the ordinary perspicaoity, as las been
the too often demons rated. .ofthe hioden enc
mics of Reform may, on each occasions, thai
powers conceded the people, uncer the pro-
posed Jones amendment, when essayed, be
successfully upset and with too ready facil-
ity by those who oppose.
The Joues amendment provides only ttat
such voters who may choose to write "for
convention" or against a convention" eau
do so according to their option.
Now this -pton, or 'msy choose" is iu-
sufficient, and its insufiiciency is sufficient at
any Civ election to afford opp rrtun ty, ,drs-
plte all the other admirable points of the
Jones amendment to upset the ultimate ends
of reform.
Our Constitution in speaking OF the oppor-
tunty by which the citizens Of the State ale
to make amendments refers primarily to the
necessity of first gaining an opinion and then
pro leeds to expatiate upon the manner OF
obtaining such an opinion be ore legislation
be made upon whatever proposed amend
ment may be subsequently brought forth.
Now the term ''opinion" has very signi.
tcant value in this connection. 1t seems to
be generally undsputed that comprehen.
sive, not a partial opinion ia looked for be.
fore legislation is Instituted upon any pro-
posed changes in the Constitution. This is
legitimstely inferred from the context of the
constitution which refers to and defines GER
tain highest voting occasions of general cleo
tions as Indicating what an "opinion" under
this construction would be approximately, in
anumerical sense, value for. Then the num-
Der of votes cast must be comprehensive
one.
Now it is candidIy asked can that opinion
be COINED on an occasion when oitizeus are
given only the option to vote ! When any
given lumber OF citizens are required to vote
yea or nay upon a certain question, and
again when any givou number of citizens are
given the option of voting yea or may upon
certain question-it Is asked under which
of these two cases is there probability of
fiudipg the larger or heavier vote cast and
returned upon such certain question: W.
think that it Is quite clear that the more
reaped when the answer is required yea OF
may aud not In the instance when option be
gwen ~ IeInalu upon Is.
Now what the law as it stands is anxious
to get at is the opinion, it needs to learn OF
the yea OF the may of the citizens in re-
gard TO Constitutional convention.
We ask our legislators at Dover can
ct mpiehensive opinion be gained from III.
citizens of the State under an option Of no,
answering the question, of being silent, OF
Of saying neither one thing nor the other. II
people do not answer a question, manifest,
their opinion cannot be gathered. Aud in the
case under discussion through the action OF
this Objectionable phrase in the Jones
amendment such avoidance of the issue il
pregnantly possible at each occasion the
vote be put.
There is an element of manufacturers Ia.
teut In the verbiage OF the law calling foi
an opinion which may be discovered to dir
ectly point towards distinct svoidal CO Of
an opticn Of voting for with that option
comprehensive vote could not be obtained,
Q, 90 tunder pressure of phenomenalIy grave
il dividual questions of patriotism, for in.
stance in case of threatened foreign invasion
or civil war.
1t is puerile to claim that mandatory ao-
O. II. A..